■u-S  (W  ntjL 

L  io  ] 


REPORT 

Of  the  Select  Committee  appointed  on  the  17th  ultimo,  to  consider  of 
certain  Treaties  with  the  Creek  and  Cherokee  Indians,  and  the  Arti- 
cles of  Agreement  and  Cession  entered  into  on  the  QAth  April,  1802, 
between  the  United  States  and  the  state  of  Georgia;  accompanied 
xvih  Resolutions  making  appropriations  for  carrying  into  effect  the 
Articles  of  Agreement  and  Cession  entered  into  between  the  United 
States  and  the  state  of  Georgia,  on  the  24th  of  April,  1802,  and  for 
other  purposes. 


JANUARY   7,    1822. 
Read,  and  committed  to  a  committee  of  the  whole  house  on  Thursday  next. 


The  committee  who  were  appointed  to  take  into  consideration  the 
treaties  made  by  the  United  States  with  the  Creek  nation  of  In- 
dians on  the  ninth  of  August,  1814,  and  those  with  the  Cherokee 
nation  of  Indians  on  the  eighth  of  July,  1817,  and  on  the  twenty- 
ninth  of  February,  1819;  and,  also,  the  articles  of  agreement  and 
cession  between  the  United  States  and  the  state  of  Georgia,  en- 
tered into  on  the  twenty-fourth  of  April,  1802,  and  to  report  whe- 
ther the  said  articles  have  been  executed  according  to  the  terms 
thereof,  and  the  best  means  of  executing  the  same, 

REPORT: 

That,  on  the  twenty-fourth  of  April,  1802,  the  state  of  Georgia 
ceded  to  the  United  States  all  that  portion  of  its  territory  which  now 
forms  the  states  of  Mississippi  and  Alabama.  That  the  considera- 
tion given  therefor,  on  the  part  of  the  United  States,  was  one  milliou 
two  hundred  and  fifty  thousand  dollars,  and  an  obligation  to  extin- 
guish the  Indian  title  to  all  the  lands  within  the  limits  of  Georgia, 
whenever  the  same  could  be  peaceably  done,  and  on  reasonable  terms. 
The  committee  arc  of  opinion  that  this  agreement  might  have  been 
more  satisfactorily  complied  with  than  it  was  at  the  treaty  made 
with  the  Creek  nation  of  Indians  the  ninth  day  of  August,  1814. 
That  the  terms  of  that  treaty  were  imposed  upon  the  Indians,  and 
they  were  compelled  to  yield  up  to  the  United  States  a  large  portion 
of  their  lands.  That  the  United  States  demanded  that  the  best  part 
of  those  lands  should  be  within  what  was  at  that  time  the  territory 


•s.     "\  /   L  /\K 


2  [   10  ] 

of  Alabama.  That  by  this  means  the  Indians  have  been  driven 
within  the  limits  of  Georgia,  instead  of  being  withdrawn.  That 
lands  could  have  been  as  easily  procured  of  the  Indians  within 
the  limits  of  Georgia  as  the  territory  of  Alabama,  and  that  good 
faith  required  rather  a  punctual  performance  of  a  fair  and  bona  fide 
agreement,  than  a  bargain,  by  which  the  Treasury  of  the  United 
States  might  be  filled.  The  United  States,  also,  in  the  same  treaty, 
guaranty  to  the  Indians  the  integrity  of  the  remaining  part  of  their 
territory.  Whether  this  guarantee  was  consistent  with  the  previous 
agreement  made  by  the  United  States  with  Georgia,  is  respectfully 
referred  to  the  consideration  of  the  house.  The  committee  cannot 
but  express  the  opinion,  however,  that  this  guarantee,  and  that  con- 
tract, appear  to  them  to  create  very  opposite  and  conflicting  obli- 
gations. 

On  the  eighth  day  of  July,  1817,  a  treaty  was  made  by  the  United 
States  with  :he  Cherokee  nation  of  Indians.  It  appears  that  some 
time  previous  to  the  making  of  that  treaty  that  the  Cherokees  had 
represented  to  the  President  of  the  United  States,  that  their  upper  and 
lower  tribes  wished  to  separate.  That  the  upper  Cherokees  desired 
to  be  confined  to  a  smaller  section  of  country,  and  to  engage  in  the 
pursuits  of  agriculture  and  civilized  life,  and  to  begin  the  establish- 
ment of  fixed  laws  and  regular  government.  That  the  lower  Chero- 
kees preferred  continuing  the  hunter's  life,  and  as  game  had  become 
scarce  in  the  country  which  they  occupied,  they  proposed  exchanging 
it  for  one  on  the  western  side  of  the  Mississippi  river,  which  would 
be  better  suited  to  their  habits  of  life.  To  carry  into  effect  these 
wishes  of  the  Indians,  the  above  treaty  was  held.  The  United  States 
had  it  now  in  their  power  to  have  so  far  complied  with  their  con- 
tract with  Georgia  as  to  have  extinguished  the  title  of  the  Cherokee 
nation  of  Indians  to  most  of  its  lands  within  the  limits  of  that  state: 
for  the  upper  Cherokees  resided  beyond  the  limits  of  Georgia,  and 
had  expressed  a  desire  to  retain  the  lands  on  the  Hiwassee  river, 
which  are  also  beyond  those  limits.  The  lower  Cherokees,  who 
wished  to  exchange  their  lands,  resided  mostly  within  that  state;  yet 
as  favorable  as  this  opportunity  seems  to  have  been  for  a  faithful  com- 
pliance with  their  contract,  the  United  States  neglected  to  take  ad- 
vantage of  it.  They  purchased  an  inconsiderable  tract  of  country 
within  the  limits  of  Georgia  and  the  bounds  of  the  lower  Cherokees, 
and  a  considerable  tract  within  the  state  of  Tennessee  and  the  upper 
Cherokees,  apparently  in  opposition  to  the  wishes  of  the  Indians,  the 
interest  of  Georgia,  and  good  faith  in  themselves. 

By  the  eighth  article  of  the  last  mentioned  treaty,  the  United  States 
granted  to  each  head  of  any  Indian  family  who  should  choose  to  remain 
on  the  eastern  side  of  the  Mississippi  river,  six  hundred  and  forty 
acres  of  land,  for  life,  to  the  possessor*  with  &  a  reversion,"  in  fee 
simple,  to  his  children. 

The  committee  cannot  but  view  this  attempt  on  the  part  of  the 
United  States  to  grant  lands  in  fee  simple  within  the  limits  of 
Georgia,  as  a  direct  violation  of  the  rights  of  that  state.  The  United 


[  io  ]  a 

States  have  no  jurisdiction  over  the  country,  or  interest  in  tire  soil  of 
the  hinds  belonging  to  the  Indians  within  the  limits  of  Georgia.     If 
there  ever  was  any  doubt  of  the  truth  of  this  assertion,  it  ceased  to 
exist  after  the  articles  of  agreement  and  cession,  made  in  1802;  by 
the  second  article  of  which  the  United  States  cede  to  that  state  all 
claim,  right,  or  title,  which  they  may  have  had  to  the  jurisdiction  or 
soil  of  any  lands  within   its  limits:  yet,  in  direct  opposition  to  the 
perms  of  their  own  agreement,  the  United  States  have,  in  numerous 
instances,  in  pursuance  of  the  said  eighth  article  of  the  treaty  last 
referred  to,  granted  lauds  belonging  to  Georgia  to  the  Indians,  and 
and   have  also  given  to  the  Indian  nation  the  right  of  changing  their 
title  of  occflpancy  to  that  of  fee  simple  to  all  the  lands  which  they 
held  in  that  state.     But  it  is  not  the  rights  of  Georgia  alone  that  are 
violated  by  this  f  reaty:  the  rights  of  Congress  are  equally  disregarded. 
ISy  the  same  eighth  article  of  the  said  treaty,  all  the  Cherokee  In- 
dians, who  may  choose  to  do  so,  are  authorized  to  become  citizens  of 
the  United  States.     The  committee  are  not  aware  of  the  existence  of 
a  power  of  conferring  the  rights  of  citizenship  in  any  other  branch 
of  the  government  than   Congress.     They  think  it  unnecessary  to 
Make  further  comment  on  this  part   of  the  subject.     The  state  of 
Georgia  would,  however,  have  had  less  reason  to  complain  than  at 
present,  notwithstanding  all  these  causes,  if  the  remaining  terms  of 
this  treaty  had  been  executed  as  agreed  upon.  The  Indians  contract- 
ed that  they  would,  in  addition  to  the  lands   which  they  had  ceded 
absolutely,  convey  an  additional  quantity  which  should  bear  the  same 
proportion  to  the  whole  quantity  of  lands  belonging  to  them,  as  the 
Indians  on  the  western  side  of  the  Mississippi  river'  bore  to  their 
whole  nation.     The  number  of  all  the  Indians  were  to  be  ascertain- 
ed by  Ihe  month  of  June,  1818,  and  commissioners  were  then  to  be 
appointed  to  divide  the  lands  according  to  the  proportion  just  named. 
The  state  of  Georgia  had  a  right  to  expect  that  those  lands  would  be 
laid  off  within  its  boundary.     But  the  United  States  make  another 
treaty  with  the  same  Indians,  to  wit:  on  the  twenty-seventh  day  of 
February,  1819,  by  which  they  yield  up  to  the  Indians  all  the  advan- 
tages derived  from  the  former  upon  certain  conditions.     The  com- 
mittee are  of  opinion  that  the  United  States  had  no  such  power.     It 
has  already  been  shown  that  they  have  no  jurisdiction  over,  or  right 
to,  the  soil  of  the  lands  belonging  to  the  Indians   within   the  limits 
of  Georgia.      They  exercise   the  power  of  treating  with  the  In- 
dians for  those  lands  by  virtue  of  the  obligation  they  are  under  to 
that  state  by  their  contract  and  their  general  duty  to  treat  with  the 
Indians,  for  the  benefit  of  the  states.     They  act  as  commissioners, 
appointed  by  the  constitution,  and  whenever  their  duty  has  been  per- 
formed by  purchasing  lands  for  the  benefit  of  any  state,  and  the  terms 
accepted  by  that  state,  all  power  over  the  lands  acquired  ceases  to 
exist.     The  treaty  of  the   8th  July,  1817,  had  been  so  far  accepted 
on  the  part  of  Georgia  previous  to  the  treaty  of  the  27th  of  Fe- 
bruary, 1819,  that  most  of  the  lands  acquired  thereby  had  been  dis- 
posed of  to  its  citizens,  by  an  act  of  its  Legislature.     The  treaty. 


4  L  10  ] 

therefore,  of  the  27th  February,  1819,  so  far  as  it  affects  any  rights 
acquired  by  Georgia,  under  the  previous  treaty,  is  void.  The  Unit- 
ed States  are  bound  to  carry  the  first  treaty  into  effect. 

It  appears,  from  the  last  treaty,  that  the  United  States  are  endeavor- 
ing to  fix  the  Cherokee  Indians  upon  the  soil  of  Georgia,  and  there- 
by render  it  impossible  for  them  ever  to  comply  with  their  contract 
with  that  state.  By  this  treaty  fee  simple  titles  to  lands  within  the 
state  of  Georgia,  are  granted  in  a  still  more  objectionable  manner  than 
in  the  former,  and  all  the  Indians  who  choose  are  to  be  made  citizens 
in  the  same  manner  as  in  the  former  treaty.  Leases  made  in  pursu- 
ance of  the  former  treaty,  are  made  void  by  the  latter. 

There  is  one  other  feature  in  the  last  treaty  which  the  committee 
think  too  objectionable  to  pass  over  in  silence.  It  is  agreed,  on  the 
part -of  the  U  nited  States,  that  twelve  miles  square  of  the  lands  ceded 
by  the  Indians  shall  be  disposed  of,  and  the  proceeds  vested,  under 
the  direction  of  the  President  of  the  United  States,  in  such  stock  as  he 
may  think  proper;  and  the  interest  arising  therefrom  to  be  applied  by 
him  for  the  benefit  of  the  Indians.  They,  however,  can  take  no 
farther  notice  of  it  than  to  bring  the  subject  before  the  House  for 
their  consideration. 

As  to  so  much  of  the  resolutions  as  direct  the  committee  to  report 
the  best  manner  of  executing  the  articles  of  agreement  and  cession 
therein  referred  to,  they  suggest  that  it  will  be  necessary  for  the 
United  States  to  relinquish  the  policy  which  they  seem  to  have  adopt- 
ed with  regard  to  civilizing  the  Indians,  and  rendering  them  perma- 
nent upon  their  lands,  and  changing  their  title,  by  occupancy,  into  a 
fee  simple  title,  at  least  in  respect  to  the  Creek  and  Cherokee  In- 
dians. Their  contract  with  Georgia  must  remain  forever  unperformed 
so  long  as  this  policy  is  pursued.  They  would  further  recommend 
appropriations  of  money  to  be  made  sufficiently  large  to  enable  the 
government,  from  time  to  time,  to  hold  treaties  with  those  Indians 
who  possess  lands  within  the  limits  of  Georgia,  for  the  purpose  of  ex- 
tinguishing their  title  thereto. 

From  the  viewT  which  the  committee  have  thus  taken  of  the  subject- 
matter  referred  to  them,  they  recommend  the  following  resolutions  for 
adoption  by  the  House: 

1.  Resolved,  by  the  Senate  and  Rouse  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  so  much  of  the  above 
treaties  as  pretends  to  grant  to  the  Indians  fee  simple  titles  to  lands 
within  the  limits  of  Georgia,  is  a  violation  of  the  sovereign  rights  of 
that  state. 

2.  Resolved,  That  so  much  of  the  said  treaties  as  purports  to  grant 
to  the  Indians  the  rights  of  eitizenship,  is  a  violation  of  the  rights  of 
Congress. 

3.  Resolved,  That  the  sum  of  be  appropriated  for 
the  purpose  of  holding  treaties  with  the  Creek  and  Cherokee  Indians, 
for  the  extinguishment  of  their  title  to  lands  within  the  limits  of 
Georgia. 


C    10   J  5 

4.  Resolved,  That  so  much  of  the  treaty  made  the  27th  of  February, 
1819,  as  directs  a  large  portion  of  the  public  lands  to  be  sold,  and  the 
proceeds  to  be  vested  in  some  public  stock,  by  the  President  of  the 
United  States,  and  to  be  disposed  of  by  him  for  the  benefit  of  the  Che- 
rokee Indians,  does  not  accord  with  the  general  policy  of  this  govern- 
ment, and  the  power  of  Congress  over  the  public  property  of  the 
United  States. 


Extracts  from  the  Articles  of  Agreement  and  Cession  between  the  Unit- 
ed States  and  the  state  of  Georgia. 

"Art.  1.  The  state  of  Georgia  cedes  to  the  United  States  all  the 
right,  title,  and  claim,  which  the  said  state  has  to  the  jurisdiction  and 
soil  of  the  lands  situated  within  the  boundaries  of  the  United  States 
south  of  the  state  of  Tennessee,  and  west  of  a  line  beginning  on  the 
western  bank  of  the  Chatahouchee  river,  where  the  same  crosses  the 
boundary  line  between  the  United  States  and  Spain;  running  thence, 
up  the  said  river  Chatahouchee,  and  along  the  western  bank  thereof, 
to  the  great  bend  thereof,  next  above  the  place  where  a  certain  creek 
or  river,  called  *  Uchee,'  (being  the  first  considerable  stream  on  the 
western  side,  above  the  Cussetas  and  Coweta  towns,)  empties  into 
the  said  Chatahouchee  river;  thence,  in  a  direct  line,  to  Nickajack,  on 
the  Tennessee  river;  thence,  crossing  the  said  last  mentioned  river, 
and  thence  running  up  the  said  Tennessee  river,  and  along  the  west- 
ern bank  thereof,  to  the  southern  boundary  line  of  the  state  of  Ten- 
nessee; upon  the  following  express  conditions,  and  subject  thereto, 
that  is  to  say: 

"First.  That  out  of  the  first  nett  proceeds  of  the  sales  of  the  lands 
thus  ceded,  which  nett  proceeds  shall  be  estimated  by  deducting,  from 
the  gross  amount  of  sales,  the  expenses  incurred  in  surveying,  and 
incident  to  the  sale,  the  United  States  shall  pay,  at  their  treasury, 
one  million  two  hundred  and  fifty  thousand  dollars  to  the  state  of 
Georgia,  as  a  consideration  for  the  expenses  incurred  by  the  said 
state,  in  relation  to  the  said  territory;  and  that,  for  the  better  secur- 
ing as  prompt  a  payment  of  the  said  sum  as  is  practicable,  a  land 
office  for  the  disposition  of  the  vacant  lands  thus  ceded,  to  which  the 
Indian  title  has  been,  or  may  hereafter  he,  extinguished,  shall  he 
opened  within  a  twelvemonth  after  the  assent  of  the  state  of  Georgia 
to  this  agreement,  as  hereafter  stated,  shall  have  been  declared." 

"Fourthly.  That  the  United  States  shall,  at  their  6wn  expense,  extin- 
guish, for'the  use  of  Georgia,  as  early  as  the  same  can  be  peaceably  ob- 
tained, on  reasonable  terms,  the  Indian  title  to  the  county  of  Talassee, 
to  the  lands  left  out  by  the  line  drawn  with  the  Creeks,  in  the  year  one 
thousand  seven  hundred  and  ninety-eight,  which  had  been  previously 
granted  by  the  state  of  Georgia;  both  which  tracts  had  formerly  been 
yielded  by  the  Indians;  and  to  the  lands  within  the  forks  of  Oconee 


6  [   10  ] 

and  Oakmulgee  rivers;  for  which  several  objects,  the  President  of  the 
United  States  lias  directed  that  a  treaty  should  be  immediately  held 
with  the  Creeks;  and  that  the  United  States  shall,  in  the  same  man- 
ner, also  extinguish  the  Indian  title  to  all  the  other  lands  within  the 
state  of  Georgia." 

"Art  2.  The  United  States  accept  the  cession  above  mentioned, 
and  on  the  conditions  therein  expressed;  and  they  cede  to  the  state  of 
Georgia  whatever  claim,  right,  or  title,  they  may  have  to  the  juris- 
diction or  soil  of  any  lands,  lying  within  the  United  States  and  out  of 
the  proper  boundaries  of  any  other  state,  and  situated  south  of  the 
southern  boundaries  of  the  states  of  Tennessee,  North  Carolina,  and 
South  Carolina,  and  east  of  the  boundary  line  herein  above  described, 
as  the  eastern  boundary  of  the  territory  ceded  by  Georgia  to  the  United 
States." 


Extracts  from  the  Articles  of  Agreement  and  Capitulation,  made  and 
concluded  the  9th  of  August,  1814',  between  Major  General  Andrew 
Jackson  and  the  Chiefs,  cyr.  of  the  Creek  nation. 

"Whereas  an  unprovoked,  inhuman,  and  sanguinary  war,  waged  by 
the  hostile  Creeks  against  the  United  States,  hath  been  repelled,  pro- 
secuted, and  determined,  successfully  on  the  part  of  the  said  states, 
in  conformity  with  principles  of  national  justice  and  honorable  war- 
fare: and  whereas,  consideration  is  due  to  the  rectitude  of  proceeding 
dictated  by  instructions  relating  to  the  re-establishmcut  of  peace:  be 
it  remembered,  that,  prior  to  the  conquest  of  that  part  of  the 
Creek  nation  hostile  to  the  United  States,  numberless  aggres- 
sions had  been  committed  against  the  peace,  the  property,  and  the 
lives,  of  citizens  of  the  United  States,  and  those  of  the  Creek  nation 
in  amity  with  her,  at  the  mouth  of  Duck  river,  fort  Mimms,  and  else- 
where, contrary  to  national  faith,  and  the  regard  due  to  an  article  of 
the  treaty  concluded  at  New  York,  in  the  year  1790,  between  the  two 
nations:  that  the  United  States,  previous  to  the  perpetration  of  such 
outrages,  did,  in  order  to  insure  future  amity  and  concord  between 
the  Creek  nation  and  the  said  states,  in  conformity  with  the  stipula- 
tions of  former  treaties,  fulfil,  with  punctuality  and  good  faith,  her 
engagements  to  the  said  nation;  that  more  than  two-thirds  of  the 
whole  number  of  chiefs  and  warriors  of  the  Creek  nation,  disregard- 
ing the  genuine  spirit  of  existing  treaties,  suffered  themselves  to  he 
instigated  to  violations  of  their  national  honor,  and  the  respect  due 
to  a  part  of  their  own  nation,  faithful  to  the  United  States  and  the 
principles  of  humanity,  by  impostors  denominating  themselves  pro- 
phets, and  by  the  duplicity  and  misrepresentation  of  foreign  emissa- 
ries, whose  governments  are  at  war,  open  or  understood,  with  the 
United  States:  Wherefore,  1st.  The  United  States  demand  an  equi- 
valent for  all  expenses  incurred  in  prosecuting  the  wa-r  to  its  termi-- 


[10  1  7 

nation,  by  a  cession  of  all  the territory  belonging  to  the  Creek  nation, 
within  the  territories  of  the  United  States,  lying  west,  south,  anil 
southeastwardly,  of  a  line  to  be  run  and  described  by  persons  duly 
authorized  and  appointed  by  the  President  of  the  United  States:  be- 
ginning at  a  point  on  the  eastern  bank  of  the  Coosa  ri\er,  where  the 
soutli  boundary  line  of  the  Cherokee  nation  crosses  the  same:  run- 
ning from  thence  down  the  said  Coosa  river,  with  its  eastern  bank, 
according  to  its  various  meanders,  to  a  point  one  mile  above  the 
mouth  of  Cedar  creek,  at  fort  Williams,  thence  east  two  miles,  thence 
south  two  miles;  thence  west,  to  the  eastern  bank  of  the  said  Coosa 
river;  thence  down  the  eastern  bank  thereof,  according  to  its  various 
meanders,  to  a  point  opposite  the  upper  end  of  the  great  falls,  ( called 
by  the  natives  Woetumka;)  thence  east  from  a  true  meridian  line,  to 
a  point  due  north  of  the  Ofucskee,  thence  south,  by  a  like  meridian 
line,  to  the  mouth  of  Ofucskee,  on  the  south  side  of  the  Tallapoosa 
river;  thence,  up  the  same,  according  to  its  various  meanders,  to  a 
point  where  a  direct  course  will  cross  the  same,  at  the  distance  often 
miles  from  the  mouth  thereof;  thence,  a  direct  line  to  the  mouth  of 
Summochico  creek,  which  empties  into  the  Chatahouchce  river,  on 
the  east  side  thereof,  below  the  Eufaulau  town;  thence  east,  from  a 
true  meridian  line,  to  a  point  which  shall  intersect  the  line  now  di- 
viding the  lands  claimed  by  the  said  Creek  nation  from  those  claimed 
and  owned  by  the  state  of  Georgia:  provided,  nevertheless,  that 
where  any  possession  of  any  chief  or  warrior  of  the  Creek  nation, 
who  shali  have  been  friendly  to  the  United  States  during  the  war, 
and  taken  an  active  part  therein,  shall  be  within  the  territory  ceded 
by  these  articles  to  the  United  States,  every  such  person  shall  be  en- 
titled to  a  reservation  of  land  within  the  said  territory,  of  one  mile 
square,  to  include  his  improvements,  as  near  the  centre  thereof  as 
may  be,  which  shall  enure  to  the  said  chief  or  warrior,  and  his  de- 
scendants so  long  as  he  or  they  shall  continue  to  occupy  the  same, 
who  shall  be  protected  by,  and  subject  to,  the  laws  of  the  United^ 
States;  but  upon  the  voluntary  abandonment  thereof,  by  such  possessor 
or  his  descendants,  the  right  of  occupancy  or  possession  of  said 
lands  shall  devolve  to  the  United  States,  and  be  identified  with  the 
right  of  property  ceded  hereby." 

"Art.  2.  The  United  States  will  guaranty  to  the  Creek  nation 
the  integrity  of  all  their  territory  eastwardly  and  northwardly  of 
the  said  line,  to  he  run  and  described  as  mentioned  in  the  first  article." 


Extracts  from  the  treaty  with  that  portion  of  the  Cherokee  Indians  re- 
siding east  of  the  Mississippi  river,  and  also  with  that  portion  of  the 
said  Indians  residing  on  the  Arkansas  river,  concluded  on  the  8th  July, 
1817. 

"  Whereas,  in  the  autumn  of  the  year  one  thousand  eight  hundred 
and  eight,  a  deputation  from  the  Upper  and  Lower  Cherokee  towns, 


.8  [   10  ] 

duly  authorized  by  their  nation,  went  on  to  the  city  of  Washington, 
the  first  named  to  declare  to  the  President  of  the  United  States 'their 
anxious  desire  to  engage  in  the  pursuits  of  agriculture  and  civilized 
life,  in  the  country  they  then  occupied,  and  to  make  known  to  the 
President  of  the  iJnited  States  the  impracticability  of  inducing  the 
nation  at  large  to  do  this,  and  to  request  the  establishment  of  a  divi- 
sion line  between  the  upper  and  lower  towns,  so  as  to  include  all  the 
waters  of  the  Hiwassee  river  to  the  upper  town,  that,  by  thus  con- 
tracting their  society  within  narrow  limits,  they  proposed  to  begin 
the  establishment  of  fixed  laws  and  a  regular  government:  The  depu- 
ties from  the  lower  towns  to  make  known  their  desire  to  continue  the 
hunter  life,  and,  also,  the  scarcity  of  game  where  they  then  lived, 
and,  under  those  circumstances,  their  wish  to  remove  across  the 
Mississippi  river,  on  some  vacant  lands  of  the  United  States.  And, 
whereas,  the  President  of  the  United  States,  after  maturely  consider- 
ing the  petitions  of  both  parties,  on  the  ninth  day  of  January,  A.  D. 
one  thousand  eight  hundred  and  nine,  including  other  subjects,  an- 
swered those  petitions  as  follows:  *  The  United  States,  my  children, 
are  the  friends  of  both  parties,  and,  as  far  as  can  be  reasonably  ask- 
ed, they  are  willing  to  satisfy  the  wishes  of  both.  Those  who  remain 
may  be  assured  of  our  patronage,  our  aid,  and  good  neighborhood. 
Those  who  wish  to  remove,  are  permitted  to  send  an  exploring  party 
to  r3Connoitre  the  country  on  the  waters  of  the  Arkansas  and  White 
rivers,  and  the  higher  up  the  better,  as  they  will  be  the  longer  unap- 
proached  by  our  settlements,  which  will  begin  at  the  mouths  of  those 
livers.  The  regular  districts  of  the  government  of  St.  Louis  are  al- 
ready laid  off  to  the  St.  Francis. 

*  When  this  party  shall  have  found  a  tract  of  country  suiting  the 
emigrants,  and  not  claimed  by  other  Indians,  we  will  arrange  with 
them  and  you  the  exchange  of  that  for  a  just  portion  of  the  country 
they  leave,  and  to  a  part  of  which,  proportioned  to  their  numbers, 
they  have  a  right.  Every  aid  towards  their  removal,  and  what  will 
be  necessary  for  them  there,  will  then  be  freely  administered  to  them; 
and  when  established  in  their  new  settlements,  we  shall  still  consider 
them  as  our  children,  give  them  the  benefit  of  exchanging  their  pel- 
tries for  what  they  will  want  at  our  factories,  and  always  hold  them 
firmly  by  the  hand.' 

"And  whereas  the  Cherokees,  relying  on  the  promises  of  the  Pre- 
sident of  the  United  States,  as  above  recited,  did  explore  the  country 
on  the  west  side  of  the  Mississippi,  and  made  choice  of  the  country 
on  the  Arkansas  and  White  rivers;  and  settled  themselves  down  upon 
the  United  States'  lands,  to  which  no  other  tribe  of  Indians  have  any 
just  claim,  and  have  duly  notified  the  President  of  the  United  States 
thereof,  and  of  their  anxious  desire  for  the  full  and  complete  ratifi- 
cation of  his  promise,  and,  to  that  end,  as  notified  by  the  President 
of  the  United  States,  have^sent  on  their  agents,  with  full  powers,  to 
execute  a  treaty,  relinquishing  to  the  United  States  all  the  right,  title, 
and  interest,  to  all  lands  of  right  to  them  belonging,  as  part  of  the 
Cherokee  nation,  which  th.ey  have  left,  and  which  they  are  about  to 


C   10  ]  9 

leave,  proportioned  to  their  numbers,  including*,  with  those  now  on 
the  Arkansas,  those  who  are  about  to  remove  thither,  and  to  a  portion 
of  which  they  have  an  equal  right  agreeably  to  their  numbers: 

"  Now,  know  ye,  that  the  contracting  parties,  to  carry  into  full  ef- 
fect the  before  recited  promises  with  good  faith,  and  to  promote  a 
continuation  of  friendship  with  their  brothers  on  the  Arkansas  river, 
and  for  that  purpose  to  make  an  equal  distribution  of  the  annuities 
secured  to  be  paid  by  the  United  States  to  the  whole  Cherokee  na- 
tion, have  agreed  and  concluded  on  the  following  articles,  viz: 

"  Art.  1.  The  chiefs,  head  men,  and  warriors,  of  the  whole  Chero- 
kee nation,  cede  to  the  United  States  all  the  lands  lying  north  and 
east  of  the  following  boundaries,  viz:  Beginning  at  the  high  shoals 
of  the  Appalachy  river,  and  running  thence,  along  the  boundary  line 
between  the  Creek  and  Cherokee  nations,  westwardly,  to  the  Chata- 
houchcc  river;  thence,  up  the  Chatahouchee  river,  to  the  mouth  of 
Souque  creek;  thence,  continuing  with  the  general  course  of  the  river 
until  it  reaches  the  Indian  boundary  line,  and,  should  it  strike  the 
Turrurar  river,  thence,  with  its  meanders,  down  said  river  to  its 
mouth,  in  part  of  the  proportion  of  land  in  the  Cherokee  nation  east 
of  the  Mississippi,  to  which  those  now  on  the  Arkansas,  and  those 
about  to  remove  there,  are  justly  entitled. 

"  Art.  2.  The  chiefs  ,head  men,  and  warriors,  of  the  whole  Chero- 
kee nation,  do  also  cede  to  the  United  States  all  the  lands  lying  north 
and  west  of  the  following  boundary  lines,  viz:  Beginning  at  the  In- 
dian boundary  line  that  runs  from  the  north  bank  of  the  Tennessee 
river,  opposite  to  the  mouth  of  Hiwassee  river,  at  a  point  on  the  top 
ofWahlen's  ridge,  where  it  divides  the  waters,  of  the  Tennessee  river 
from  those  of  the  Sequatchie  river;  thence,  along  the  said  ridge, 
southwardly,  to  the  bank  of  the  Tennessee 'river,  at  a  point  near  to 
a  place  called  the  Negro  Sugar  Camp,  opposite  to  the  upper  end  of 
the  first  island  above  Running  Water  Town;  thence,  westwardly,  a 
straight  line,  to  the  mouth  of  Little  Sequatchie  river;  thence,  up  said 
river,  to  its  main  fork;  thence,  up  its  northernmost  fork,  to  its 
source;  and  thence,  due  west,  to  the  Indian  boundary  line. 

"  Art.  3.  It  is  also  stipulated,  by  the  contracting  parties,  that  a 
census  shall  betaken  of  the  whole  Cherokee  nation,  during  the  month 
of  June,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
eighteen,  in  the  following  manner,  viz:  That  the  census  of  those  on 
the  east  side  of  the  Mississippi  river,  who  declare  their  intention  of 
removing,  shall  be  taken  by  a  commissioner  appointed  by  the  Presi- 
dent of  the  United  States,  and  a  commissioner  appointed  by  the  Che- 
rokees on  the  Arkansas  river;  and  the  census  of  the  Cherokees  on 
the  Arkansas  river,  and  those  removing  there,  and  who,  at  that  time, 
declare  their  intention  of  removing  there,  shall  be  taken  by  a  com- 
missioner appointed  by  the  President  of  the  United  States,  and  one 
appointed  by  the  Cherokees  east  of  the  Mississippi  river. 

"  Art.  4.  The  contracting  parties  do  also  stipulate  that  the  annuity 
due  from  the  United  States  to  the  whole  Cherokee  nation  for  the  year 
one  thousand  eight  hundred  and  eighteen,  is  to  bedivided  between  the 


10  [   10  ] 

two  parts  of  the  nation  in  proportion  to  their  numbers,  agreeably  to 
the  stipulations  contained  in  the  third  article  of  this  treaty;  and  to  be 
continued  to  be  divided  thereafter  in  proportion  to  their  numbers;  and 
the  lands  to  be  apportioned  and  surrendered  to  the  United  States, 
agreeably  to  the  aforesaid  enumeration,  as  the  proportionate  part, 
agreeably  to  their  numbers,  to  which  those  who  have  removed,  and 
who  declare. their  intention  to  remove,  have  a  just  right,  including 
these  with  the  lands  ceded  in  the  first  and  second  articles  of  this 
treaty." 

"  Art.  8.  And  to  each  and  every  head  of  any  Indian  family  residing 
on  the  east  side  of  the  Mississippi  river,  on  the  lands  that  are  now, 
or  may  hereafter  be,  surrendered  to  the  United  States,  who  may  wish 
to  become  citizens  of  the  United  States,  the  United  States  do  agree  to 
give  a  reservation  of  six  hundred  and  forty  acres  of  land,  in  a  square, 
to  include  their  improvements,  which  are  to  be  as  near  the  centre 
thereof  as  practicable,  in  which  they  will  have  a  life  estate,  with  a 
reversion  in  fee  simple  to  their  children,  reserving  to  the  widow  her 
dower,  the  register  of  whose  names  is  to  be  filed  in  the  office  of  the 
Cherokee  agent,  which  shall  be  kept  open  until  the  census  is  taken,  as 
stipulated  in  the  third  article  of  this  treaty:  Provided,  That,  if  any 
of  the  heads  of  families,  for  whom  reservations  may  be  made,  should 
remove  therefrom,  then,  in  that  case,  the  right  to  revert  to  the  United 
States:  And,  provided  further,  That  the  land  which  may  be  reserved 
under  this  article  be  deducted  from  the  amount  which  has  been  ceded 
under  the  first  and  second  articles  of  this  treaty." 


Extract  from  the  Treaty  with  the  Cherokee  nation  of  Indians,  concluded 
at  Washington,  the  27th  February,  1819. 

ft  Whereas  a  greater  part  of  the  Cherokee  nation  have  expressed  an 
earnest  desire  to  remain  on  this  side  the  Mississippi,  and  being  de- 
sirous, in  order  to  commence  those  measures  which  they  deem  neces- 
sary to  the  civilization  and  preservation  of  their  nation,  that  the  treaty 
between  the  United  States  and  them,  signed  the  eighth  of  July, 
eighteen  hundred  aud  seventeen,  might,  without  further  delay,  or  the 
trouble  or  expense  of  taking  the  census,  as  stipulated  in  the  said  treaty, 
be  finally  adjusted,  have  offered  to  cede  to  the  United  States  a  tract 
of  country  at  least  as  extensive  as  that  which  they  probably  are  enti- 
tled to  under  its  provisions,  the  contracting  parties  have  agreed  to 
and  concluded  the  following  articles: 

"  Art.  1.  The  Cherokee  nation  cedes  to  the  United  States  all  of 
their  lands  lying  north  and  east  of  the  following  line,  viz:  Beginning 
on  the  Tennessee  river,  at  the  point  where  the  Cherokee  boundary 
with  Madison  county,  in  the  Alabama  territory,  joins  the  same; 
thence,  along  the  main  channel  of  said  river,  to  the  mouth  of  the 


[   10   ]  11 

Hiwassee;  thence,  along  its  main  channel,  to  the  first  hill  which 
closes  in  on  said  river,  about  two  miles  above  Hiwassec  Old  Town; 
thence,  along  the  ridge  which  divides  the  waters  of  the  Hiwassee 
and  Little  Tellico,  to  the  Tennessee  river,  at  Tallassee;  thence,  along 
the  main  channel,  to  the  junction  of  the  Cowee  and  Nantcyalee; 
thence,  along  the  ridge  in  the  fork  of  said  river,  to  the  top  of  the 
Blue  Ridge;  thence,  along  the  Blue  Ridge,  to  the  Unicoy  Turnpike 
Road;  thence,  by  a  straight  line,  to  the  nearest  main  source  of  the 
Chestatee;  thence,  along  its  main  channel,  to  the  Chatahoucb.ee;  and, 
thence,  to  the  Creek  boundary;  it  being  understood,  that  all  the  isl- 
ands in  the  Chestatee,  and  the  parts  of  the  Tennessee  and  Hiwas- 
see, (with  the  exception  of  Jolly's  Island,  in  the  Tennessee,  near  the 
mouth  of  the  Hiwassee,)  which  constitute  a  portion  of  the  present 
boundary,  belong  to  the  Cherokee  nation;  and,  it  is  also  understood, 
that  the  reservations  contained  in  the  second  article  of  the  treaty  of 
Tellico,  signed  the  twenty-fifth  October,  eighteen  hundred  and  five, 
and  a  tract  equal  to  twelve  miles  square,  to  be  located  by  commenc- 
ing at  the  point  formed  by  the  intersection  of  the  boundary  line  of 
Madison  county,  already  mentioned,  and  the  north  bank  of  the  Ten- 
nessee river;  thence,  along  the  said  line,  and  up  the  said  river  twelve 
miles,  are  ceded  to  the  United  States,  in  trust  for  the  Cherokee  na- 
tion as  a  school  fund;  to  be  sold  by  the  United  States,  and  the  pro- 
ceeds vested  as  is  hereafter  provided  in  the  fourth  article  of  this  trea- 
ty; and,  also,  that  the  rights  vested  in  the  Unicoy  Turnpike  Compa- 
ny, by  the  Cherokee  nation,  according  to  certified  copies  of  the  in- 
struments securing  the  rights,  and  herewith  annexed,  are  not  to  be 
affected  by  this  treaty;  and,  it  is  further  understood  and  agreed,  by 
the  said  parties,  that  the'lands  hereby  ceded  by  the  Cherokee  nation, 
are  in  full  satisfaction  of  all  claims  which  the  United  States  have  on 
thein,  on  account  of  the  cession  to  a  part  of  their  nation  who  have  or 
may  hereafter  emigrate  to  the  Arkansas;  and  this  treaty  is  a  final 
adjustment  of  that  of  the  eighth  of  July,  eighteen  hundred  and  seven- 
teen. 

"  Art.  2.  The  United  States  agree  to  pay,  according  to  the  stipula- 
tions contained  in  the  treaty  of  the  eighth  of  July,  eighteen  hundred 
and  seventeen,  for  all  improvements  on  land  lying  within  the  country 
eeded  by  the  Cherokecs,  which  add  real  value  to  the  land,  and  do 
agree  to  allow  a  reservation  of  six  hundred  arid  forty  acres  to  each 
head  of  any  Indian  family  residing  within  the  ceded  territory,  those 
enrolled  for  the  Arkansas  excepted,  who  choose  to  become  citizens 
of  the  United  States,  in  the  manner  stipulated  in  said  treaty. 

"  Art.  3.  It  is  also  understood  and  agreed  by  the  contracting  par- 
ties, that  a  reservation,  in  fee  simple,  of  six  hundred  and  forty  acres 
square,  with  the  exception  of  Major  Walker's,  which  is  to  be  located 
as  is  hereafter  provided,  to  include  their  improvements,  and  which 
are  to  be  as  near  the  centre  thereof  as  possible,  shall  be  made  to  each 
of  the  persons  whose  names  are  inscribed  on  the  certified  list  annexed 
to  this  treaty,  all  of  whom  are  believed  to  be  persons  of  industry,  and 
capable  of  managing  their  property  with  discretion,  and  have,  with 


12  [  10  ] 

few  exceptions,  made  considerable  improvements  on  the  tracts  re- 
served. The  reservations  are  made  on  the  condition,  that  those  for 
whom  they  are  intended  shall  notify,  in  writing,  to  the  agent  for  the 
Cherokee  nation,  within  six  months  after  the  ratification  of  this 
treaty,  that  it  is  their  intention  to  continue  to  reside  permanently  on 
the  land  reserved. 

"  The  reservation  for  Lewis  Ross,  so  to  he  laid  off  as  to  include  his 
house,  and  out-buildings,  and  ferry  adjoining  the  Cherokee  agency, 
reserving  to  thfi  United  States  all  the  public  property  there,  and  the 
continuance  of  the  said  agency  where  it  now  is,  during  the  pleasure 
of  the  government;  and  Major  Walker's,  so  as  to  include  his  dwelling 
house  and  ferry:  for  Major  SValker  an  additional  reservation  is  made 
of  six  hundred  and  forty  acres  square,  to  include  his  grist  and  saw 
mill;  the  land  is  poor,  and  principally  valuable  for  its  timber.  In 
addition  to  the  above  reservation;,  the  following  are  made,  in  fee 
simple;  the  persons  for  whom  they  are  intended  not  residing  on  the 
same:  To  Cabbin  Smith,  six  hundred  and  forty  acres,  to  be  laid  oft' 
in  equal  parts,  on  both  sides  of  his  ferry  on  Tellico,' commonly  called 
Blair's  ferry;  to  John  Ross,  six  hundred  and  forty  acres,  to  be  laid 
off  so  as  to  include  the  Big  Island  in  Tennessse  river,  being  the  first 
below  Tellico — which  tracts  of  land  were  given  many  years  since,  by 
the  Cherokee  nation,  to  them;  to  Mrs.  Eliza  Ross,  step-daughter  of 
Major  Walker,  six  hundred  and  forty  acres  square,  to  be  located  on 
the  river  below  and  adjoining  Major  Walker's;  to  Margaret  Morgan, 
six  hundred  and  forty  acres  square,  to  be  located  on  the  west  of,  and 
adjoining,  James  Riley's  reservation;  to  George  Harlin,  six  hundred 
and  forty  acres  square,  to  be  located  west  of,  and  adjoining,  the  reser- 
vation of  Margaret  Morgan;  to  James  Lowfy,  six  hundred  and  forty 
acres  square,  to  be  located  at  Crow  Mocker's  old  place,  at  the  foot  of 
Cumberland  mountain;  to  Susannah  Lowry,  six  hundred  and  forty 
acres,  to  be  located  at  the  Toll  Bridge  on  Battle  Creek;  to  Nicholas 
Byers,  six  hundred  and  forty  acres,  including  the  Toqua  Island,  to 
be  located  on  the  north  bank  of  the  Tennessee,  opposite  to  said  island. 

"  Art.  4.  The  United  States  stipulate  that  the  reservations,  and  the 
tract  reserved  for  a  school  fund,  in  the  first  article  of  this  treaty,  shall 
be  surveyed  and  sold,  in  the  same  manner,  and  on  the  same  terms, 
with  the  public  lands  of  the  United  States,  and  the  proceeds  vested, 
under  the  direction  of  the  President  of  the  United  States,  in  the  stock 
of  the  United  States,  or  such  other  stock  as  he  may  deem  most  advan- 
tageous to  the  Cherokee  nation.  The  interest  or  dividend  on  said 
stock  shall  be  applied,  under  his  direction,  in  the  manner  which  he 
shall  judge  best  calculated  to  diffuse  the  benefits  of  education  among 
the  Cherokee  nation  on  this  side  of  the  Mississippi." 


